It can be difficult to comprehend the different ways in which a loved one’s untimely death affects the people closest to them. Legal and financial issues might be the last thing on your mind while dealing with grief, but a wrongful death claim can offer bereaved families some relief while holding the negligent party accountable. The knowledgeable California attorneys at the Law Offices of Valdez & Valdez, A Professional Corporation advocate for plaintiffs in wrongful death litigation throughout California’s Central Valley and Central Coast.
Wrongful death claims are civil cases in which one or more defendants may be held liable for causing someone else’s death through their negligence or intentional act. In many ways, these actions resemble personal injury claims, but can be more difficult to prove because the victim is not available to testify as to what happened. As accomplished California injury lawyers, we know how to gather the necessary physical evidence, witness accounts and expert testimony in order to develop strong arguments for appropriate legal relief. Damages in a wrongful death action can include compensation for the income and benefits the decedent would have been projected to earn over their lifetime, reimbursement for funeral and burial costs and payment to address the loss of companionship suffered by loved ones.
If a family member suffered a death in the workplace, the first thing you need to know is that death benefits are provided through an employer’s workers’ compensation coverage without having to show fault on the employer’s part. These benefits include reimbursement for funeral expenses up to $10,000 and periodic benefits to survivors that can total between $250,000 and $320,000 depending on how many dependents the victim had at the time of their death. Surviving members who collect these payments through the workers’ compensation system might also be able to collect damages in a wrongful death claim if a third party (not the victim’s employer or a co-worker) was fully or partially liable for the fatality.
Surviving spouses and children of the decedent can file a wrongful death lawsuit. If the victim had a child who predeceased them, the sons and daughter of that child (the decedent’s grandchildren) may also serve as plaintiffs. When the victim has no surviving spouse, children or grandchildren, the individuals who stand to inherit from their estate or who depended on the victim for financial support are eligible to bring the wrongful death action.
Frequently, the personal representative of a decedent’s estate will bring a survivorship claim to accompany a wrongful death claim. A survival action differs in that it seeks damages for the harm suffered by the victim prior to the time when they passed away. Therefore, if a worker is fatally injured on the job but dies a week later in the hospital, the survivorship claim can recover compensation for the medical bills the victim incurred and the pain and suffering they experienced between the accident and their death.
The Law Offices of Valdez & Valdez, A Professional Corporation handles California workers’ compensation appeals when injured claimants are denied benefits. To make an appointment for a free consultation at our Fresno or Grover Beach office, please call 559-606-0195 or contact us online.
550 W. Alluvial Avenue, Suite 106
Fresno, California 93711